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(A) No license holder shall establish, suffer, allow, promote or permit in any other way any organized outdoor sports activity upon the licensed premises without having first obtained a separate Sports Activity Permit from the Village President under this section.
(B) The following basic procedure shall be followed by all license holders who may wish to obtain a Sports Activity Permit:
(1) The holder shall submit an application on the form provided, together with a plot plan showing the proposed area for the activity and indicating all natural and artificial bufferyards, fences, berms or other isolating factors, all proposed or existing lighting in the affected area and all proposed sound amplification devices or equipment, accompanied with payment of an application fee in the amount of $250;
(2) The Village Clerk shall accept the application, and shall forthwith determine the names and addresses of all persons and entities owning land that adjoins the licensed premises or which is within 200 feet thereof;
(3) The Village Clerk shall set the matter for discussion before the entire Village Board on a date not less than 20 nor more than 40 days after the submission of the application, and, not less than 15 nor more than 30 days before the hearing, shall both send, via certified mail, a notice of the application and hearing date to all landowners so identified, and further publish the same notice at least once, in one or more newspapers published within the village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the village and which is either published or first offered for sale in Lake County, Illinois;
(4) Upon the designated day, the Village Board shall hold a public hearing on the said application, and shall permit the license holder and any landowner the opportunity to present any evidence or commentary favoring or disfavoring the application, provided that the rules of order shall still apply, and the President may limit or close discussion as may be appropriate and the Board may consider all evidence that it may deem appropriate, relevant or necessary to its decision;
(5) At the close of all comments, the Board shall vote on the application, and no application shall be granted except by a favorable majority vote of the corporate authorities then holding office, provided that the grant of such permit may be limited or conditioned upon such factors as the Board may require to best ensure the privacy rights of the adjoining landowners, while respecting the rights of the license holder to conduct legitimate business enterprises upon the licensed property.
(C) The Sports Activity Permit may be suspended by the Village President upon written notice for a period not to exceed 30 days and such notice shall advise the permittee the reason for the suspension and shall be based upon an incident or pattern demonstrating to the President a reasonable probability that the permitted activity has or will adversely and unfairly impact upon the privacy rights of the adjoining landowners or that it has created or will create a dangerous situation for the patrons of the permittee.
(D) The Sports Activity Permit may also be revoked following a public hearing by majority vote of the corporate authorities then holding office following a written notice issued by the Village President, which hearing shall be held at a regularly scheduled meeting of the Village Board within any period of suspension set by the President, and at such hearing, all persons affected by the sports activity shall be allowed to voice their opinions and evidence.
(E) Notwithstanding any provision herein, no licensee shall be granted any Sports Activity Permit if that licensee's property shall lie within 3,000 feet of any residential property.
(Ord. 1998-O-13, passed 7-7-98)
Establishments holding Class H licenses for outdoor beer gardens and cafes shall be subject to the following supplemental regulations:
(A) No alcoholic beverages may be sold, served or transported beyond the established perimeter of the beer garden or café at any time whatsoever, except to return into the primary establishment;
(B) No person shall be in or on the beer garden or café with an alcoholic beverage at any time other than during the open hours allowed under § 110.31(A);
(C) Outdoor loudspeakers or amplified music or sound systems shall be permitted on any beer garden or café, however any music or audio programming played on such equipment shall be permitted only when it is not audible at any point 100 feet from the perimeter of the beer garden or café;
(D) The licensee shall be required to adopt adequate internal controls or rules to limit the noise generated by any patrons or other persons on the beer garden or café so that the noise shall not be audible at any point 100 feet from the perimeter of the beer garden or café at any time; and
(E) When the beer garden or café is located on a public sidewalk, at least six feet of clearance shall be afforded in a convenient location for pedestrians to walk through.
(F) The "established perimeter" described in this section shall be submitted in a legible drawing approved by the Local Liquor Commissioner, and shall include a physical barrier such as a fence, ropes, chains or other material that shall clearly define the service area, provided, however, that no such barrier shall block any portion of the defined area from view by the public and/or public officials, and provided further that the designed area and barriers shall not be expanded or altered without the express written approval of the Local Liquor Commissioner.
(G) Occupancy of beer gardens and cafés is limited to 150% of the seating capacity approved by the Local Liquor Commissioner, and the licensee shall be required to prominently display the occupancy limit within public view at all times.
(Ord. 2015-O-23, passed 10-20-15; Am. Ord. 2021-O-18, passed 6-15-21) Penalty, see § 110.99
RESTRICTIONS
No license shall be issued for the sale at retail of any alcoholic liquor within 100 feet of any church, school, hospital, home for aged or indigent persons or for veterans, their wives or children or any military or naval station; provided, that this prohibition shall not apply to hotels offering restaurant service, regularly organized clubs, or to restaurants, food shops, or other places where sale of alcoholic liquors is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of this code. No person shall hereafter engage in business as a retailer of any alcoholic liquor within 100 feet of any undertaking establishment or mortuary.
('79 Code, § 2113) Penalty, see § 110.99
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